General terms and conditions of business

between

Pelèr srfng.®
Aminian & Menegatti GbR
Tintoretto Street 16
80638 Munich

– hereinafter referred to as “Provider” –

and

the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers”.

§ 1 SCOPE

The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

§ 2 CONCLUSION OF CONTRACT

(1) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Pay now" button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order.

(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Order #[order number] confirmed" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data medium (email or paper printout). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in the following languages: German.

§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT TERMS

(1) Delivery times stated by us are calculated from the time of our order confirmation (Section 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will immediately refund any payments already made by the customer.

(4) The customer can make payment using all payment methods offered.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline.

§ 4 RESERVATION OF TITLE

The delivered goods remain the property of the provider until the purchase price has been paid in full.

§ 5 PRICES AND SHIPPING COSTS

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) The corresponding shipping costs will be borne by the seller, unless otherwise stated.

(3) In case of cancellation, the customer shall bear the costs of return shipment.

§ 6 WARRANTY FOR MATERIAL DEFECTS

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.

§ 7 LIABILITY

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 FINAL PROVISIONS

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) Even if individual points are legally invalid, the contract remains binding in its remaining parts. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.